Virginia lawmakers have passed a bill to legalize the sale of marijuana, as well as separate legislation to provide a way to reinstate past cannabis convictions.
On Wednesday, the Appropriations Committee of the Assembly was approved Del. Paul Krizek’s Marijuana Sale Legislation (D) 16-6 in the vote. This is coming About a week after advancing a similar measure through a Senate panel.
The Subcommittee on Transportation and Public Safety advanced the legislation with an amendment earlier in the day on a 5-2 vote.
Krizek’s bill, HB 642, is largely in line with the recommendations the lawmaker released last month. Joint Commission to Oversee the Transition to the Commonwealth Retail Cannabis Market.
Since legalizing cannabis ownership and home cultivation in 2021, Virginia lawmakers have been working to establish a commercial marijuana market– Only for those efforts to stall under former Gov. Glenn Youngkin (R), who twice vetoed measures sent to his desk by the Legislature.
According to the approved measure, the sale of adult cannabis can begin on November 1. That’s a shorter timeframe than the Senate assistant, which calls for sales to begin on Jan. 1, 2027.
Subcommittee on Wednesday taken The alternative version of the bill changes several key details, including adjusting tax rates and reducing the conversion fee that current medical cannabis companies would have to pay to serve the recreational market.
Here are the key details of the Virginia House legalization of marijuana sales legislation as amended:
- Adults would be able to purchase up to 2.5 ounces of marijuana in a single transaction, or up to an equivalent amount of other cannabis products, as determined by regulators.
- The Virginia Cannabis Control Authority would oversee licensing and regulation of the new industry. Its board of directors would have the authority to control the possession, sale, transportation, distribution, delivery and testing of marijuana.
- The sale of marijuana products would be subject to a six percent excise tax, which would be subject to the state’s 5.3 percent retail sales and use tax. Local governments may charge an additional tax of 3.5 percent.
- The tax revenue would be divided between the costs of administering and enforcing the state’s marijuana system, a new Cannabis Equity Investment Fund, pre-kindergarten programs, substance use disorder prevention and treatment programs, and public health programs such as awareness campaigns designed to prevent drug-impaired driving and discourage underage use.
- Local governments could not allow marijuana companies to operate in their area.
- Delivery services would be allowed.
- Serving sizes would be limited to 10 milligrams of THC, with no more than 100 mg of THC per package.
- Existing medical cannabis operators could enter the adult-use market if they pay a $5 million license conversion fee.
- Cannabis businesses should implement peaceful labor agreements with their employees.
- A legislative committee would direct the addition of local consumer licenses and micro-enterprise cannabis event permits that would allow licensees to hold sales at farmers markets or pop-up locations. The Virginia Alcoholic Beverage Control Authority would also investigate the possibility of involvement in marijuana regulation and enforcement.
In the Senate, SB 542, a measure sponsored by Sen. Lashrecse Aird (D), to legalize the sale of marijuana, passed through the Senate Judiciary Committee last week. However, it changed in that way drew criticism from advocates for changes that would have imposed new penalties on certain cannabis-related activities such as possession by minors and growing marijuana without a license, which can carry the threat of jail time.
A coalition of reform groups has since sent a letter to the Senate Finance Committee, where the measure was passed, asking them to withdraw those amendments.
Just sworn Gov. Abigail Spanberger (D) supports legalizing the sale of marijuana to adults.
Meanwhile, the Senate Finance and Appropriations Committee on Wednesday also approved a bill, SB 62By Sen. Louise Lucas (D), it would create a process to consider changing the sentences under which people incarcerated or under community supervision for certain felonies involving the possession, manufacture, sale or distribution of marijuana could receive an automatic trial.
The jury approved the measure in a 10-4 vote.
On the part of the Assembly, the supplementary version of the revision legislation, HB 26 Del. Rozia Henson (D), advanced it through the Appropriations Committee on a 16-6 vote Wednesday.
Earlier, the Subcommittee on General Government and Capital Expenditures approved the measure in a 3-1 vote.
The bill applies to people with convictions or convictions for conduct that occurred before July 1, 2021, when a state law that legalized personal possession and home cultivation of marijuana went into effect.
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Separately, the Virginia Senate passed a bill on Tuesday Provide legal protections for hospital staff to facilitate the use of medical marijuana for terminally ill patients in their facilities, as long as cannabis is federally rescheduled.
SB 332 would build on existing state law that protects healthcare professionals in hospices and nursing facilities who help terminally ill patients use medical cannabis treatment. These protections will be extended to hospital workers.
Separately, the Virginia Department of Labor and Industry has published a new determining workplace protections for cannabis users.